Bill Text: NY S04057 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes the date for the accrual of certain causes of action based on negligence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S04057 Detail]

Download: New_York-2017-S04057-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4057
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 2, 2017
                                       ___________
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
        AN ACT to amend the civil practice law and rules, in relation to accrual
          of certain causes of action
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The opening paragraph of subdivision (g) of section 203 of
     2  the civil practice law and rules is designated paragraph  1  and  a  new
     3  paragraph 2 is added to read as follows:
     4    2. Notwithstanding any other provision of law to the contrary, for the
     5  purposes  of  sections fifty-e and fifty-i of the general municipal law,
     6  section ten of the court of claims act, and the provisions of any  other
     7  law  pertaining  to the commencement of an action or special proceeding,
     8  or to the filing of a notice  of  claim  as  a  condition  precedent  to
     9  commencement  of an action or special proceeding within a specified time
    10  period, the period in which to commence such action or proceeding or  to
    11  file  such  notice  of  claim  shall not begin to run until the later of
    12  either: (a) when one knows  or  reasonably  should  have  known  of  the
    13  alleged  negligent  act  or omission and knows or reasonably should have
    14  known that such negligent act or omission has caused an injury;  or  (b)
    15  the  date  of the last treatment where there is continuous treatment for
    16  the same illness, injury or condition which gave rise to the accrual  of
    17  an  action.  However, such action shall commence no later than ten years
    18  from the act, omission or failure complained of or last treatment  where
    19  there  is continuous treatment for the same illness, injury or condition
    20  which gave rise to the act, omission or failure; provided, however, that
    21  where the action is based upon the discovery of a foreign object in  the
    22  body  of  a  patient, the action may be commenced within one year of the
    23  date of such discovery or of the date of discovery of facts which  would
    24  reasonably lead to such discovery, whichever is earlier.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09530-01-7
        S. 4057                             2
     1    §  2. Section 214-a of the civil practice law and rules, as amended by
     2  chapter 485 of the laws of 1986, is amended to read as follows:
     3    §  214-a.  Action  for  medical, dental or podiatric malpractice to be
     4  commenced within two years and six months;  exceptions.  An  action  for
     5  medical,  dental  or  podiatric malpractice must be commenced within two
     6  years and six months of the accrual of any such action.  The accrual  of
     7  an action occurs at the later of either (a) when one knows or reasonably
     8  should  have known of the alleged negligent act or omission and knows or
     9  reasonably should have known that such negligent  act  or  omission  has
    10  caused  an  injury;  or  (b) within two years and six months of the last
    11  treatment where there is continuous  treatment  for  the  same  illness,
    12  injury  or condition which gave rise to the accrual of an action. Howev-
    13  er, such action shall commence no later than ten  years  from  the  act,
    14  omission  or  failure  complained  of  or  last treatment where there is
    15  continuous treatment for the same illness,  injury  or  condition  which
    16  gave  rise to the said act, omission or failure; provided, however, that
    17  where the action is based upon the discovery of a foreign object in  the
    18  body  of the patient, the action may be commenced within one year of the
    19  date of such discovery or of the date of discovery of facts which  would
    20  reasonably lead to such discovery, whichever is earlier. For the purpose
    21  of  this section the term "continuous treatment" shall not include exam-
    22  inations undertaken at the request of the patient for the  sole  purpose
    23  of ascertaining the state of the patient's condition. For the purpose of
    24  this  section  the  term  "foreign  object" shall not include a chemical
    25  compound, fixation device or prosthetic aid or device.
    26    § 3. This act shall take effect immediately.